Prior notification of a concentration (Case M.11089 – AXPO IBERIA / ACSA OBRAS E INFRAESTRUCTURAS / NOGUERA RENOVABLES) Candidate case for simplified procedure (Text with EEA relevance) 2023/C 137/07
Date: 2023-04-20
Institutions: Directorate-General for Competition, European Commission
Subjects: Portugal, Spain, building industry, economic concentration, electricity supply, gas supply, merger control, organic fertiliser, renewable energy, waste management








C_2023137EN.01000801.xml










20.4.2023   


EN


Official Journal of the European Union


C 137/8






Prior notification of a concentration
(Case M.11089 – AXPO IBERIA / ACSA OBRAS E INFRAESTRUCTURAS / NOGUERA RENOVABLES)
Candidate case for simplified procedure
(Text with EEA relevance)
(2023/C 137/07)

1.   
On 12 April 2023, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).
This notification concerns the following undertakings:






—


AXPO IBERIA, S.L.U. (‘Axpo Iberia’, Spain),










—


ACSA OBRAS E INFRAESTRUCTURAS, S.A.U. (‘ACSA’, Spain),










—


NOGUERA RENOVABLES, S.L. (‘Noguera Renovables’, Spain), currently controlled by CASA BATISTA, SCCL (Spain).




Axpo Iberia and ACSA will acquire within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Noguera Renovables (including the plant for the treatment and recovery of slurry and other organic waste for the production of biomethane in Vallfogona de Balaguer, Lleida, Spain, to be transferred to Noguera Renovables by one of its shareholders, TORRE SANTAMARIA SCCL).
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are the following:






—


Axpo Iberia, part of the Axpo Group (a Swiss group active in the production of renewable energy), is active in the supply of renewable electricity and gas in Spain and Portugal.










—


ACSA, part of the Spanish Sorigué Group, is active in the provision of construction services (including civil and water works and construction of residential and commercial facilities).










—


Noguera Renovables is active in the collection, transportation, management, and treatment of organic waste, including the sale of compost, in Spain.






3.   
On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved.
Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.


4.   
The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified:
M.11089 – AXPO IBERIA / ACSA OBRAS E INFRAESTRUCTURAS / NOGUERA RENOVABLES
Observations can be sent to the Commission by email or by post. Please use the contact details below:
Email: COMP-MERGER-REGISTRY@ec.europa.eu
Postal address:





European Commission




Directorate-General for Competition




Merger Registry




1049 Bruxelles/Brussel




BELGIQUE/BELGIË







(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

(2)  OJ C 366, 14.12.2013, p. 5.